80 FR 25358 - Union Pacific Railroad Company-Discontinuance of Service Exemption-in Cochise County, AZ.

DEPARTMENT OF TRANSPORTATION
Surface Transportation Board

Federal Register Volume 80, Issue 85 (May 4, 2015)

[Federal Register Volume 80, Number 85 (Monday, May 4, 2015)]
[Notices]
[Pages 25358-25359]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-10349]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. AB 33 (Sub-No. 308X)]


Union Pacific Railroad Company--Discontinuance of Service 
Exemption--in Cochise County, AZ.

    Union Pacific Railroad Company (UP) has filed a verified notice of 
exemption under 49 CFR 1152 subpart F-Exempt Abandonments and 
Discontinuances of Service to discontinue service over a 48.03-mile 
portion of a rail line known as the Curtiss Branch, from milepost 
1040.15 at Curtiss, to milepost 1084.0 at Naco, in Cochise County, 
Ariz. (the Line).\1\ The Line traverses United States Postal Service 
Zip Codes 85602, 85630,

[[Page 25359]]

85616, 85638, 85635, 85615, 85603, and 85620.
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    \1\ UP states there is a milepost overlap equation (milepost 
1050.57 = milepost 1046.39). The Line segment from Curtiss at 
milepost 1040.15 to Fairbank at milepost 1050.57 is 10.42 miles, and 
the Line segment from Fairbank at milepost 1046.39 to Naco at 
milepost 1084.0 is 37.61 miles, a total distance of 48.03 miles.
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    The verified notice states that the Line's previous owner sought 
and received abandonment authority for the Line \2\ and salvaged the 
track structure on the Line, but did not consummate the abandonment and 
instead sold the Line to UP.\3\ UP has certified that: (1) No local 
traffic has moved over the Line for at least two years; (2) no overhead 
traffic has moved over the Line for at least two years; (3) no formal 
complaint filed by a user of rail service on the Line (or by a state or 
local government entity acting on behalf of such user) regarding 
cessation of service over the Line is pending either with the Surface 
Transportation Board (Board) or with any U.S. District Court or has 
been decided in favor of complainant within the two-year period; and 
(4) the requirements at 49 CFR 1105.12 (newspaper publication) and 49 
CFR 1152.50(d)(1) (notice to governmental agencies) have been met.
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    \2\ San Pedro R.R. Operating Co.--Aban. Exemption--in Cochise 
Cnty., Ariz., AB 1081X (STB served Feb. 3, 2006).
    \3\ Union Pac. R.R.--Acquis. & Operation Exemption--San Pedro 
R.R. Operating Co., FD 35666 (STB served Sept. 7, 2012).
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    As a condition to this exemption, any employee adversely affected 
by the discontinuance shall be protected under Oregon Short Line 
Railroad--Abandonment Portion Goshen Branch Between Firth & Ammon, in 
Bingham & Bonneville Counties, Idaho, 360 I.C.C. 91 (1979). To address 
whether this condition adequately protects affected employees, a 
petition for partial revocation under 49 U.S.C. 10502(d) must be filed.
    Provided no formal expression of intent to file an offer of 
financial assistance (OFA) to subsidize continued rail service has been 
received, this exemption will become effective on June 3, 2015, unless 
stayed pending reconsideration. Petitions to stay that do not involve 
environmental issues and formal expressions of intent to file an OFA to 
subsidize continued rail service under 49 CFR 1152.27(c)(2),\4\ must be 
filed by May 14, 2015.\5\ Petitions to reopen must be filed by May 26, 
2015, with the Surface Transportation Board, 395 E Street SW., 
Washington, DC 20423-0001.
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    \4\ Each OFA must be accompanied by the filing fee, which is 
currently set at $1,600. See 49 CFR 1002.2(f)(25).
    \5\ Because this is discontinuance proceeding and not an 
abandonment, trail use/rail banking and public use conditions are 
not appropriate.
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    A copy of any petition filed with the Board should be sent to UP's 
representative: Mack H. Shumate, Jr., Senior General Attorney, Union 
Pacific Railroad, 101 North Wacker Drive, Room 1920, Chicago, IL 60606.
    If the verified notice contains false or misleading information, 
the exemption is void ab initio.
    Board decisions and notices are available on our Web site at 
``WWW.STB.DOT.GOV.''

    Decided: April 29, 2015.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Brendetta S. Jones,
Clearance Clerk.
[FR Doc. 2015-10349 Filed 5-1-15; 8:45 am]
 BILLING CODE 4915-01-P